This would entail a shift from the current established «parental intentions» approach to a more «child - centered» approach when interpreting the provisions
on habitual residence of a child in the Hague Convention.
Not exact matches
Part
of the problem is that Japan is not a signatory to the 1980 Hague Convention
on the Civil Aspects
of International
Child Abduction, which works to ensure the prompt return
of abducted
children to their country
of habitual residence.
In addition, these cases often have a strong international law component: More than 80 countries, including the United States and most developed countries, have adopted the Hague Convention
on the Civil Aspects
of International
Child Abduction, which requires that
children who have been «wrongfully taken» or «wrongfully retained» overseas should normally be returned promptly to their country
of habitual residence.
Art 6 provides the jurisdiction based
on presence
of the
child — relevant both when the
child has been displaced from their country
of habitual residence or where their
habitual residence can not be established.
Courts must take such applications extremely seriously, especially if a
child is likely to be taken to a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, or that does not return children promptly to their habitual resid
child is likely to be taken to a country that is not a party to the Hague Convention
on the Civil Aspects
of International
Child Abduction, or that does not return children promptly to their habitual resid
Child Abduction, or that does not return
children promptly to their
habitual residence.
The CA helps parents seeking the return
of a
child to obtain legal services; provides the local court with information
on the Convention; gets periodic updates from the court; processes requests for background checks
on the
child from the
child's country
of habitual residence (see Habitual Residence); obtains a written opinion on the wrongfulness of the alleged violation from the country of habitual residence; may ask a local social welfare agency to investigate child's
habitual residence (see
Habitual Residence); obtains a written opinion on the wrongfulness of the alleged violation from the country of habitual residence; may ask a local social welfare agency to investigate child's
Habitual Residence); obtains a written opinion
on the wrongfulness
of the alleged violation from the country
of habitual residence; may ask a local social welfare agency to investigate child's
habitual residence; may ask a local social welfare agency to investigate
child's welfare.
In this case, where a father seeks the return
of his son to his country
of habitual residence (Bulgaria), the main issues for determination under Article 13
of the Convention
on the Civil Aspects
of International
Child Abduction 1980 are whether a return of the child (L) to Bulgaria would expose him to a grave risk of psychological or physical harm or otherwise place him in an intolerable situation and whether L objects to returning to Bulgaria, and has attained an age and degree of maturity at which his views should be taken into acc
Child Abduction 1980 are whether a return
of the
child (L) to Bulgaria would expose him to a grave risk of psychological or physical harm or otherwise place him in an intolerable situation and whether L objects to returning to Bulgaria, and has attained an age and degree of maturity at which his views should be taken into acc
child (L) to Bulgaria would expose him to a grave risk
of psychological or physical harm or otherwise place him in an intolerable situation and whether L objects to returning to Bulgaria, and has attained an age and degree
of maturity at which his views should be taken into account.
To recall, the issue before the ONCA was whether the
habitual residence of the two
children had changed from Germany to Ontario during the period
of the father's time - limited consent so that the
children were habitually resident in Ontario
on the date that the consent expired.
Thompson may therefore offer some valuable insights
on how the SCC could rule
on the issue
of the effect
of a time - limited consent
on a
child's
habitual residence in Balev.
This meant that a «time - limited» consent by one parent to relocate a
child (
on the facts, from Germany to Canada) could not amount to a unilateral change
of the
child's «
habitual residence» during the consent period.
Assuming that the appeal proceeds, it is likely that there will be a focus
on the legal status
of time - limited consent letters and their legal consequences, including the issue
of whether such consents can displace a
child's
habitual residence.
Although the mechanism is not without fault, its relatively simple and expedited «prompt return» procedure, with its associated effect
on deterrence, has meant that the Hague Convention has been instrumental in reducing the number
of international
child abductions (not least due to the fact that outside of the Hague Convention mechanism, there are relatively few legal options for promptly returning a child to the country of habitual residence, see for example, Government of Canada, «International Child Abduction: A Guidebook for Left - Behind Parents&raq
child abductions (not least due to the fact that outside
of the Hague Convention mechanism, there are relatively few legal options for promptly returning a
child to the country of habitual residence, see for example, Government of Canada, «International Child Abduction: A Guidebook for Left - Behind Parents&raq
child to the country
of habitual residence, see for example, Government
of Canada, «International
Child Abduction: A Guidebook for Left - Behind Parents&raq
Child Abduction: A Guidebook for Left - Behind Parents»).
Where a
child moves lawfully from one Member State to another and acquires a new
habitual residence there, the courts
of the Member State
of the
child's former
habitual residence shall, by way
of exception to Article 8, retain jurisdiction during a three - month period following the move for the purpose
of modifying a judgment
on access rights issued in that Member State before the
child moved, where the holder
of access rights pursuant to the judgment
on access rights continues to have his or her
habitual residence in the Member State
of the
child's former
habitual residence.
Where the
child has his or her
habitual residence in the territory
of a third State which is not a contracting party to the Hague Convention
of 19 October 1996
on jurisdiction, applicable law, recognition, enforcement and cooperation in respect
of parental responsibility and measures for the protection
of children, jurisdiction under this Article shall be deemed to be in the
child's interest, in particular if it is found impossible to hold proceedings in the third State in question.
as concerns the recognition and enforcement
of a judgment given in a court
of a Member State
on the territory
of another Member State, even if the
child concerned has his or her
habitual residence on the territory
of a third State which is a contracting Party to the said Convention.
Where a
child's
habitual residence can not be established and jurisdiction can not be determined
on the basis
of Article 12, the courts
of the Member State where the
child is present shall have jurisdiction.
The Hague Convention
on the Civil Aspects
of International
Child Abduction, often referred to as simply «the Hague Convention» in family law circles is an international treaty that governs the return
of children to their country
of habitual residence when they have been abducted to another signatory country.
In an earlier post, I discuss in detail the objective and mechanism
of the Hague Convention
on the Civil Aspects
of International
Child Abduction, 25 October 1980, 19 ILM 1501, to discourage the wrongful removal of a child from his or her habitual residence and the mechanism of «prompt return» of the child to his or her habitual resid
Child Abduction, 25 October 1980, 19 ILM 1501, to discourage the wrongful removal
of a
child from his or her habitual residence and the mechanism of «prompt return» of the child to his or her habitual resid
child from his or her
habitual residence and the mechanism
of «prompt return»
of the
child to his or her habitual resid
child to his or her
habitual residence.
«This appeal deals with several significant and unique legal concepts relating to the Hague Convention
on the Civil Aspects
of International
Child Abduction, including jurisdiction, acquiescence of the removal of the child, habitual residence of the child, conditions for the return of the child to the US, allegations of domestic abuse, and the mother's US immigration st
Child Abduction, including jurisdiction, acquiescence
of the removal
of the
child, habitual residence of the child, conditions for the return of the child to the US, allegations of domestic abuse, and the mother's US immigration st
child,
habitual residence of the
child, conditions for the return of the child to the US, allegations of domestic abuse, and the mother's US immigration st
child, conditions for the return
of the
child to the US, allegations of domestic abuse, and the mother's US immigration st
child to the US, allegations
of domestic abuse, and the mother's US immigration status.
The Hague Convention
on the Civil Aspects
of International
Child Abduction, often referred to as simply «the Hague Convention» in family law circles is an international treaty that governs the return
of children to their country
of habitual residence when -LSB-... read full post]
The issue before the Ontario Court
of Appeal was whether the
habitual residence of the two
children had changed from Germany to Ontario during the period
of the father's time - limited consent so that the
children were habitually resident in Ontario
on the date that the consent expired.
The mechanism therefore hinges
on a determination
of the
child's
habitual residence immediately before the removal or retention.
The question
of habitual residence is a question
of fact, decided
on all the circumstances;
habitual residence is the place where the person resides for an appreciable period
of time with a «settled intention» a settled intention or purpose is an intent to stay in a place whether temporarily or permanently for a particular purpose; and a
child's
habitual residence is tied to that
of the
child's custodian (s)(Korutowska - Wooff, at para 8).
The subject
of this blog is to give some insights in the main connecting factors in international
child abduction cases, with an emphasis
on the «
habitual residence»
of very young
children as connecting factor.
The Hague Convention
on the Civil Aspects
of International
Child Abduction is an international treaty under which arrangements are made for the return
of children who have been wrongfully removed from or retained outside their country
of habitual residence.
ensure that rights
of custody and / or access
of the state
of origin are respected, with judgement
on the custody to be rendered in that country,
on the assumption that the court in the country
of habitual residence is best able to make decision for the
child, and